Overview of ITU’s basic texts Antoine Dore Senior Legal Officer

1. Overview of ITU’s basic texts Antoine DoreSenior Legal Officer

2. LEGAL FRAMEWORK Two basic principles • WTSA Resolution 1 (Rules of Procedure) and ITU-T Recommendation A.1 (Work Methods) must be compatible with ITU’s Constitution, Convention and the General Rules. In case of inconsistency between ITU-T working procedures and the General Rules, the General Rules prevail. • The General Rules apply to meetings ITU-T meetings.

3. BASIC PREROGATIVES AND POWERS OF THE CHAIRMAN Directing the deliberations • "The chairman ... shall ... direct the deliberations …" (GR 59) • "Persons desiring to speak must first obtain the consent of the chairman." (GR 94) • "As a general rule, they shall begin by announcing in what capacity they speak." (GR 94) • "Speakers must express themselves slowly and distinctly, separating their words and pausing as necessary in order that everybody may understand their meaning." (GR 95) • "The chairman ... may at any time submit proposals likely to accelerate the debates." (GR 84)

4. BASIC PREROGATIVES AND POWERS OF THE CHAIRMAN (contd.) Maintaining Order • "The chairman ... shall ensure that order is maintained at plenary meetings." (GR 60) Ensuring that discussion is limited to the point at issue • "The chairman shall ensure that discussion is limited to the point at issue ..." (GR 62) • "The chairman ... may interrupt any speaker who departs [from the point at issue] and request such speakers to confine their remarks to the subject under discussion." (GR 62) Protecting the right of each delegation/ representative of a Sector Member to express its opinion freely and fully on the point at issue • "It shall be the duty of the chairman to protect the right of each delegation to express its opinion freely and fully on the point at issue." (GR 61) • "The [Plenary] Meeting may, if necessary, decide how many speeches any one delegation may make on any particular point, and how long they may last." (GR 108) • "However, as regards questions of procedure, the chairman shall limit the speaking time allowed to a maximum of five minutes." (GR 109) • "When a speaker has exceeded the time allowed, the chairman shall notify the meeting and request the speaker to conclude briefly." (GR 110)

5. BASIC PREROGATIVES AND POWERS OF THE CHAIRMAN (contd.) Putting questions to the vote • "The chairman ... shall … put questions to the vote …" (GR 59) • "Any question of competence that may arise shall be settled before a vote is taken on the substance of the matter under discussion." (GR 113) Ruling on motions and points of order • "The chairman shall rule on motions of order and points of order …" (GR 60)

6. BASIC PREROGATIVES AND POWERS OF THE CHAIRMAN (contd.) Postponement, suspension or adjournment "The chairman shall … in particular, … be empowered to propose that discussion on a question be postponed or closed, or that a meeting be suspended or adjourned." (GR 60) • Postponement (GR 101):A delegation may request that the debate be postponed for a stated period. The discussion will resume at the agreed time. • Suspension (GR 100):If a meeting has been suspended, on reconvening it will resume business from the point at which the suspension occurred (unless the meeting decides otherwise).The meeting is halted for a specified period. • Adjournment (GR 102):If a meeting is adjourned, the next meeting may have a different agenda. Resumption of the business that was under way at the time of adjournment therefore presupposes a decision to that effect by the meeting. The item under discussion is thus closed until a future meeting decides to put it back on the agenda.

7. DECISION-MAKING PROCEDURE • Consensus: almost all decisions are adopted by consensus. But what is consensus? • “Sounding out” • Voting (last resort) • Quorum

8. Some provisions to keep in mind Functions and Structure of ITU-T CS Article 17 CV Article 13 (WTSAs) Functions, duties and organization of Study Groups, Advisory Group CV Article 14 (Study Groups) CV Article 14A (Advisory Group) CV Article 20 (Conduct of Business of Study Groups) Vacancies of chairmanship CV no. 244 Adoption & approval of Questions & Recommendations CV nos. 246A to 247A Possibility to invite non-members CV no 248A Clause 2.3.1 of WTSA Resolution 1

9. Some provisions to keep in mind (contd.) Associates • CV Articles 19-20 and WTSA Resolution 31 • May only participate in the work of a given Study Group or subgroups thereof (CV 241B) => only one Study Group of a Sector • Have no role in the decision-making process • Can serve as Rapporteur for relevant Study Group Academia • PP Resolution 169 and WTSA Resolution 71 • Have no role in the decision-making process • Can serve as Rapporteur